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Dr Muriel Newman

Spotlight on the Courts

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“Houston, we have a problem!”

New Zealand’s Supreme Court – the highest court in our land – has been captured by activist judges.

What is heartening, is the emergence of a wide range of eminent legal voices all openly criticising the Court and calling for this problem to be addressed.

But first some background.

From the time New Zealand’s court system was established in 1841, our final court of appeal was the Judicial Committee of the Privy Council sitting in London. It was not until 1931, when New Zealand became fully autonomous through the passing of the Statute of Westminster by the British Parliament, that it became possible for the right of appeal to the Privy Council to be abolished.

In spite of many attempts, it wasn’t until 2002 that Helen Clark’s Labour Government chose to sever judicial ties with Britain.  

The Supreme Court Act, which established our own court of final appeal and ended access to the Privy Council, included in its purpose: “Nothing in this Act affects New Zealand’s continuing commitment to the rule of law and the sovereignty of Parliament.”

The new Court sat for the first time on 1 July 2004 with a bench of five Judges.

At the time, the main argument for retaining access to the Privy Council was that New Zealand’s Court of Appeal had been captured by judicial activists and there were concerns that if a new court was established, that too would become captured.

A submission by the New Zealand Business Roundtable to a 1995 review into the future of Privy Council access, outlined the problem:

“There has been a pattern of ‘judicial activism’ rather than ‘restraint’. In this context, ‘activism’ means constantly seeking a law-making role, which can involve the disregard or undervaluing of established rules and precedents. It also implies giving low weight to stability and predictability, and excessive weight to idiosyncratic perceptions of ‘justice or ‘fairness’.

“Our Westminster-style government being premised on judicial restraint contains few forms of judicial accountability and the judiciary is traditionally perceived as the least dangerous branch of government. Indulgence in judicial activism raises the question of accountability: Who stops the judges from replacing the rule of law with the rule of judges?”

And this is the problem now facing New Zealand: Our Supreme Court has become infected by the virus of activism.

Last month, barrister Jack Hodder KC, a former Law Commissioner and member of the Advisory Board that recommended the establishment of the Supreme Court, outlined the problem in a paper to a law conference marking the Court’s 20th anniversary. He explained how the Court, designed to replace the Privy Council and “act within the traditional judicial decision-making role”, had experienced a “remarkable level of mission creep.”

He reiterated that it is the role of our democratically elected and accountable Parliament to make the law, and that “the courts have no mandate to become the agents of societal change.”    

In fact, we are witnessing the dire consequences of the Courts becoming agents of change in their decisions over Marine and Coastal Area Act claims. The Act was introduced by John Key’s National Government as a mechanism to deliver customary rights to the foreshore and seabed to what the architect of the law, Chris Finlayson, assured the public, would be a a small minority of tribal groups living in remote areas. But that’s not how the Courts have interpreted the law.

Instead of applying the law according to the intentions of Parliament, activist judges have effectively re-written it to deliver the opposite of what Parliament intended. Not only have they lowered the bar for claims, but more tribal groups are now being encouraged to join in the claims process.

The end result is that the entire coastline of New Zealand out to the edge of the Territorial Sea will be controlled by competing Maori tribal groups pursuing their own vested interests.  

The Coalition Government has said it will “fix” this problem, but to date they have done nothing – and there appears to be no sense of urgency to do so, even as hundreds of claims are being readied for hearings and are underway in Courts throughout the country.

This matter is urgent because once the Courts have granted Maori title, fixing the law will be much more difficult. A moratorium on the claims process has been suggested to give the Coalition the breathing space it will need to change the law, but that too has fallen on deaf ears in Parliament.

The blight of judicial activism has now well and truly captured the Supreme Court, despite being set up to curb it.

Their 2022 decision quashing the historical conviction of Peter Ellis – who was deceased and not Maori – highlighted how far our senior appeal court has strayed when it used the case to suggest Maori custom or ‘tikanga’ had a place in New Zealand’s common law.

Many in the legal fraternity were shocked because they understood the introduction of ambiguous and mythical concepts undermines the predictability of the law, destabilising the Rule of Law itself.

And last month’s decision in the Smith v Fonterra climate change case, reinforced growing concerns over judicial activism in the Court.

This week’s NZCPR Guest Commentator former Judge and Law Lecturer Anthony Willy outlines the case:

“On the 7 February 2024 the Supreme Court of New Zealand issued a judgment in a dispute between Michael John Smith against seven of our largest industrial companies: Fonterra, Genesis Energy, Dairy Holdings, New Zealand Steel, Z Energy, Channel Infrastructure, and BT Mining. Mr. Smith (the man who chopped the tree down on One Tree Hill in Auckland) is an elder of Ngapuhi and the climate change spokesman for the Iwi Chairs Forum. He began these proceedings in the High Court in August 2019. He alleges that the defendants by their activities have ‘damaged and will continue to damage his whenua and moana including places of customary, historical, nutritional and spiritual significance to him and his whanau.’ He says this will cause him some unspecified  loss.

“The defendants moved to strike out the proceedings on the basis that the claim rises no arguable cause of action because the claim relates to complex policy matters best addressed by Parliament. In both the High Court and the Court of Appeal the four judges accepted this argument saying the magnitude of the global warming crisis, “cannot be appropriately or adequately addressed by common law tort claims through the Courts …it requires a sophisticated regulatory response at a national level supported by international co-ordination.”

“One would have thought that to be the end of the matter involving the waste of no further court time, but not so. The judgment of the Court of Appeal was appealed to the Supreme Court. The case was argued by twenty-six lawyers, four of them for the plaintiff, including two Kings Counsel.”

Whether the claimant’s use of “tikanga” to argue his case influenced the Supreme Court to find in his favour, sending the case back to the High Court to be heard again, is unknown, but certainly the Court has attracted widespread criticism for failing to quash the case.

In an article highly critical of the Supreme Court’s actions, Roger Partridge, chairman of the New Zealand Initiative and former executive chairman of Bell Gully, concludes: “The outcome will see months of court time and millions of dollars in legal fees consumed in a symbolic trial, with the Supreme Court substituting the judiciary into a role the defendants will argue is more suited to Parliament.”

Constitutional Law expert, Professor James Allen of Queensland University, who spent a decade lecturing law at Otago University, was scathing about New Zealand’s ‘imperial judiciary’:

“What do I mean by ‘an imperial judiciary’? I refer to a country where the top judges – committees of unelected ex-lawyers if we want to deal in specifics – are giving themselves new-found power at the expense of the elected branches of government. Under the cover of purportedly applying the law they are usurping power to themselves.

“Smith is a Maori climate change campaigner who brought proceedings against seven of NZ’s biggest companies for an injunction to stop them from contributing materially to climate change. Yes, you would have thought this is purely a political matter. Wrong! Basically, Mr Smith was inviting the judges to become hero judges and inject themselves into this heated debate. And they did.”

Gary Judd KC, the former Chairman of ASB Bank and Ports of Auckland, considers the “Supreme Court undermining its own legitimacy” is one of contemporary New Zealand’s most important issues since it “threatens our constitutional framework.”

Given the growing concerns about the direction of our Courts, the question of what can be done to turn the situation around has become urgent.

One approach is for Parliament to step in.

Jack Hodder describes such a situation in his paper – when the Supreme Court ignored the intention of Parliament in a case relating to a 2016 Child Protection Act, the consequences were so dire that Parliament passed an amendment under urgency to reverse the Court’s activist interpretation and clarify their original intention.

This is the approach promised by the Coalition Government to fix the Marine and Coastal Area Act.

Jack Hodder also provides a chilling warning about where Court activism can lead: “The courts’ legal obligation under parliamentary sovereignty is to interpret and apply every statute in a way that is consistent with Parliament’s legal authority to enact it. In a small number of cases, what is called ‘interpretation’ might be tantamount to disobedience under cover of a ‘noble lie’. But if that were to become more routine, and generally condoned by other branches of the government, Parliament would no longer be sovereign.”

That direction of travel by our highest court can be seen in the comments by Supreme Court Justice Suzan Glazebrook, who stated during a Waikato Law School lecture in 2021, “until we complete the process of decolonisation, the rule of law can only be considered a work in progress. The new place of the Treaty and Tikanga in the law is a start…”

Such comments by a member of the bench of the highest court in our land, that creates precedents for New Zealand’s justice system, have all the hallmarks of new-age judicial activism – a determination to right the wrongs of our colonial past by embedding tikanga and the Treaty into our law. Regrettably, these are not words that can be readily dismissed.

In his article How to rein in an activist Supreme Court Roger Partridge believes that as well as passing statutes to correct the wrongful decisions of activist judges, the ‘rule of law’ should be defined: “Parliament could introduce more clearly defined ‘guardrails’ in the Senior Courts Act 2016. Helpfully, the act refers to New Zealand’s ‘continuing commitment’ to both the rule of law and the sovereignty of Parliament. There is no doubt about the meaning of ‘parliamentary sovereignty. It means Parliament sits above the courts. But nowhere in the act is the term ‘rule of law’ defined. And while it has an orthodox meaning, unless defined, it is susceptible to manipulation.”

In his paper, Jack Hodder warns what could be in store if our senior Court is not brought into line:

“New Zealand has an unwritten constitution; that constitution is part of our law; the courts have the authority to declare what the law is; the courts inevitably make or ‘develop’ the law; and thus the courts can remake the (unwritten) constitution – including by redefining the rule of law, the sovereignty of Parliament and the nature of the common law. All of which may be used to constitutionalise the Treaty, to constrain the scope of statutory language and to present the Supreme Court as a sophisticated law reform agency or diviner of societal values.”

Judicial activism within our highest court is now on full display for all to see. The question is whether Parliament intends to do anything about this threat – while it still can?

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 *Do you think activist judges need to be reined in by Parliament?


*Poll comments are posted below.


*All NZCPR poll results can be seen in the Archive.


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All the Foreshore & Seabed nonsense started by Sian Elias, ex Supreme Court activist judge.Monica
Parliament is the backbone of our country and should not be subject to the whims of judges.Brian
Change the rules so they can be fired or voted out,something has to be done.Peter
The judiciary have no mandate to become political activists. Why would some judges decide to do so? Is it corruption in the form of blackmail, bribery, and/or honeytrap scenarios carried out on them or their families. Or perhaps Ideological naivety. This corruption has permeated all the layers of everyday life in New Zealand. It is driven by pure evil of a kind we desperately try to deny. Until the common man wakes up to this fact we are all fated to be slaves to the system. We are all human beings, all the same, caught up in the war between good and evil.Alan
If not New Zealanders will live to regret it,Elizabeth
This should never have started, they have too much power and contributed to splitting this country. Just look at South Africa. NEW ZEALAND used to be one country regardless of your race, about time to make this happen. We all looked after each other in those days.rod
Judges need to be impartial rather than influenced by their personal beliefsLynne
Yes and now is the time to do it It would seem that a few judicial activist are out numbered by their peers. And the public at large The easiest way possibly,is to remove all reference to race from legislation,as it has been done in various nations in Europe.This has the effect of dealing with issues that surround us today, and creates everyone as equal. Rids us of activist interpretation of a document that whilst it served its purpose in 1840, has little relevance today other than to recognise that we are all equalBruce
Sooner the betterLaurie
Absolutely Parliament should act to rein in the judges – and why not review the law society and the law schools too. How come we are beset by so many activist judges? How come so few lawyers speak out about it? Something is rotten. Over 30yrs ago a litigation lawyer told me that the law wasn’t about justice at all. It was about dispute resolution. Maybe the rot started way back then.Wendy
Churchman is a sad exampleStephen
The Courts have no mandate to do what they are doing.George
and make sure the public know what they are up to. We have had enough of these wonks thinking they can make the rules. There is one enduring truth and that is there will be bugger all Europen politicians due to fewer and fewer European people inhabiting the country and emigrating to more hospitable climes. The more Europeans they can get to carry the flag, the safer their jobs. By the way does anybody want to publish the European percantage of the population.Terry
Totally agree with the arguments put forward. Let good sense prevail !George
Damn right!James
of course no activist judges. should be impartial not doing their own idologymichelle
At the risk of repetition in relation to political “control” of the climate… THE IMPACT OF BUILDING POLICY WITHOUT TRUTH – RECESSION? As has been said these climate change policies are pedalling the biggest fraud of the 21st century and the perpetrators should be brought before the courts under an Economic Terrorism Act. Today, many democracies are either in recession or have run out of borrowing capability to prevent one. Thus, de-industrialisation is in motion due to the fallacy of swapping fossil fuel economies for inefficient, unreliable and brutally costly renewable energy based economies. The TRUTH is that virtually all of Carbon Dioxide (CO2) has a shelf life. Being brought about by nature’s natural processes. These processes regulate the amounts of the CO2 gas in the atmosphere. The quantification of CO2 is barely credible as it is almost impossible to arrive at an accurate figure because of the shelf life and volcanic activity – and a constantly changing atmosphere. Man’s contribution is said to be 5%, but as with all quantification methods such claims are only – scientific guesses! So what happens at the end of the shelf life of CO2? Mother Nature’s carbon transfer cycle, called photosynthesis, removes the carbon atom from the CO2 molecule and transforms it to another gas? So what is this new gas called? It is called OXYGEN! The structure of the CO2 molecule is made up of three (3) atoms. One atom of carbon and two atoms of oxygen and when the carbon atom is removed the two atoms of O2 remain and this gas is called OXYGEN. So the bigger question is; %u201CHow did we let the CO2 Monster rise to give unrivalled power to politicians and the public sector abuse machines, including mainstream media through the Public Interest Journalism Fund? At its zenith the belief that politics could control weather patterns is a nonsense only surpassed by the acceptance of it by unintelligent Voters!!! Like CO2, Oxygen (O2) is also needed for ALL life on our highly populated planet so here we have the two major harmless natural gases that we need to survive being demonised and twisted into toxic gases that will destroy us – after the planet of course! Finally, there is no escape from accepting that many western economies, including New Zealand, are now on the verge of failure because of the impact of forced climate change policy on our democracies. This new economic structure is unsustainable and is and will ultimately continue to cause severe recessions and widespread poverty.Frederick
They do not reflect the view of Parliament. The details and purpose of the legislation must be framed so that the ‘hero judgements’ cannot occur.Margaret
Unfortunately – yes!!Leon
If the courts are judging in a biased way on Maori (or any other race) issues because of some obscure Maori word like “tikanga” then this sort of discrepancy needs to be rained in in a very abrupt wayBrian
Defiantly – The USA is doing its best to self-destruct too – Political ideologies not in the interests of the majority – self-interest is not democracy.Maurice
Gone on for too long now and in danger of becoming entrenched. Unbelievable some of the sentences being handed down.Lawrie
Absolutely Judges should be reigned in before more activists further develop what could be deemed direct connections to activist judges! Judges should Judge on the Law NOT on what activists desire NOR what our Prime Minister wants either after his castigation of Maureen Pugh who simply wanted to find out more information about what now seems to be political climate change with even NIWA reliability apparently coming under question as it’s reported NIWA apparently keep changing/shifting their official recording bases as circumstances like construction and roading etc. changes around their sights! Change is inevitable – just like the weather! CO2, oxygen and geothermal activities naturally keeps climate change changing. IF activists ever control the earth’s volcanoes they might start talking sense and science!Stuart
Their position calls for them to be impartialDenis
They need to be REMOVEDPeter
This is long overdue!J J
These people dont have an open mind they cannot possibly be trusted to comment on issues that include all.races problems honestly as they are definately racist in their thinking . I personally have been insulted by a racist.Janet
Most definitely.Gavin
Judges role is judging not making law.Errol
Do it now. Also those make belief Maori’s should have to prove that they are Maori (bloodtest) to have the right to make any noise to promote the funny ideasJohan
Most certainly!Nigel
There seems to be FAR TOO much in Law & NZ’s social fabric that’s getting well out of control to the point of no return in some cases, so how has this been allowed to happen, don’t Judges have strict guidelines to what their parameters are when administring and lawful or legal judgements?Bruce
as soon as possiblewilliam
let eminent legal voices have a hand in getting this sorted.Karen
Definitely – placing more public accountability and transparency for far reaching community outcomes on our judges is long overdue.Andrew
Many judges seem to be a blind eye to the nonsense the climate activists are causingChris
Look to the USA currently to see what can happen to a Supreme CourtJenny
absolutely. There is no place in the court system for activist judges. That’s not their job. Their job is to administer unbiased justice that fits the crime.Christiine
Absolutely. Race should have absolutely no place in NZ Courts.Elaine
Parliament needs to step in immediately to stop this perversion of justice.Jane
Yes, they are ruining NZ. Time for a LETTER TO THE COALITION LEADERS, MURIEL YOU HAVE MANY TOPICS OF CONCERN TO RAISE. We could all sign the letter as a protest!Wendy
YES today if not sooner or the radical maori gravey train will continue take over NZ in its entirerity. All judges making up their own laws must be dismissed for treason..Kevin
obviously yes ! It is yet another display of the minority ruling the majority. The National/Act/New Zealand First Party elected at the last general election, have a clear mandate from the majority of New Zealanders to remedy these matter, with urgency.Bryan
an activist judiciary is government by unelected elitesMartyn
Not before timeGeorge
The faster, the better.Rhys
Parliament MAKES laws. If Judges wish a part of that, it may become necessary for Parliament to express, in detail HOW a law should work. I would start with the Discounting of sentences. If that did bot work Parliamentary Sentencing ranges that are Mandatory… just a start.Lionel
Definitely reined in and put in a holding paddock till they change their attitudes.Ronnie
The direction this country is heading in is not one we would wish for ourselves or our future generations! Terrifying!Caroline
Real Change, yeah right! National will not do what needs to be done, remove radical judges or any of the tribal cult residing in the public service and their own party, Remove the tax funded Iwi chair forum set up by Ardern; they are the real Govt. in charge. Luxon is not a leader and ACT and NZ first have capitulated to the radical maori. It is now clear there will be NO Real change in the direction of New Zealand under this coalition. National are Woke, ACT is backing down on their policy and Winston is fence sitting. 2040 is still on track to be Owned by part maori radicals. Another 3 years of “normalization of Maorification” of NZ and Democracy will be lost forever.Sam
Not a moment to lose.!Peter
ASAP it may be too late as the new coalition government has not prioritised this in the 100 days cleanup.Big mistake along with putting foreshore and seabed back in crown ownership. Non-indigenous Iwi are running our justice system and their misguided supporters will be spat on (and hopefully not barbecued) when they want to use our beaches-there will be no privileges for the dictator’s misguided supporters if they have no Maori bloodline.Brenda
What is wrong with this Government that it lets Judges have the power?Pamela
Where will it end.Mike
The current trend is of great concern and if not reigned in we could lose our personal freedoms.Robyn
There is no place for activist judges in our courts systemJim
Too many disgusting sentences for violent offenders, including Emery Woods getting a very light sentence for the violent sexual assault of a Chilean touristLindsay
YES…BINGO.! Corporate infiltration in N.Z goes much further than GOVT. All of our Institutions have been INFILTRATED AND CORRUPTED! A HUGE OPERATION!David
I the case of the seabed and foreshore, I can see there will be war among Iwi and hapus and that is very very wrong to the detriment of other New Zealanders.Jackie
About time , what’s their game and who is calling the tuneROB
Separation of powers needs to be explained to these egotistical twits in words of 2 syllables.Ted
disgraceful miscarriage of justice from people who should know better.their judgement has been influenced by radicals who have no respect for the factsMike
Yes indeed, these activist judges should be expelled from ever serving in the court againJeffrey
Not just reined in, FIRED.Vic
The sovereignty of parliament needs to be addressed and emphasised in parliament. Parliament needs to take control and publicly announce what the pecking order is. This needs to be aired publicly and the people of this land informed that parliament is Sovereign and subordinate to nobody not even the supreme court judges. The judges should submit their findings or opinions to parliament for consideration in all constitutional matters and parliaments decision is final. That is how our country is structured and all judges should be made aware that they do not have the final say that rests with parliament. Parliament is at fault for not reigning the judges in and enforcing our unwritten constitution. It would take a strong hand at the helm in parliament to enforce that and I’m not sure we have that. Parliament have a duty to govern correctly and the people of this land who elected them to govern have a right to expect them to enforce their dominance not be subordinated by mere high court judges. In fact this government should stop any court proceedings from even being heard in these matters. This government are being made to look fools by allowing these proceedings to take place. The judges are not recognising the control of parliament who have sovereignty and who are the ones to make decisions in these matters not the courts. The courts need to be informed by parliament that they have no jurisdiction in these matters. Furthermore the plaintiffs to the courts should be advised by the courts that the courts do not have jurisdiction only parliament has. Sovereignterrence
Judges need to enforce the law, not make it up. They need to be stable, not erratic.andrew
Absolutely need to get back to Privy Cousel daysLenise
The SC cannot change the law. The Ellis case was terrible, he wasn’t even a Maori! Absolutely needs to go back to the proper role of interpreting the law that is in place to stop activist judges. Joe Williams especially pushes tikang and I do not want the court clogged up with dead people having a say. Nz looks foolish to the worldChaquila
I certainly believe that activist judges should be reined in – I’ve even emailed my concerns to the ACT party and spoken to one of our ACT parliamentarians about it. Yes, you get a sympathetic ear but ultimately, words have no value, only action does. Parliament needs to establish once and for all that they promulgate rules on behalf of the people they represent, not rogue judges and their wilful misinterpretations.Trevor
ASAP if not yesterday. Get rid of them.Graeme
Very much so, but I doubt the ability of the present government politicians to do anything. It is worth a try but don’t hold your breath. Move out if you can.Paloma
They should stick to the law and stay out of politicsfred
and look at the NZT:SOS case regarding mandates, particularly in light of the NZDF/ Police case. Dubious application of law.Charles
They should be sacked.Peter
Yes, get rid of the left-wing clowns, better get the town drunk to make a ruling that these entitled elitist buffoons are and will keep making these left-wing decisions.Sam
Certainly the sooner the betterSidwell
We need a petition to parliament for them to take the reins to stop these judges from corrupting our Constitution. What intrigues me is why are they doing this? What is their end goal? If they are working for a global organisation, to destroy this country, then they are traitors.Lee
It is necessary to have an unbiased court system we can trustlone
And urgentlyWendy
There is too much interference by our so called high court judges that they have become a joke when you see that Bastard Smith given permission to take legal action these companies for so called Climate offences. Perhaps Smith needs a dose round up.ken
Urgency is required whilst reason prevails.Neil
Replace them immediatelyGrant
The separation of church and state happened hundreds of years ago, let’s not go there again.sherrin
We have been infiltrated at the highest level, not for the benefit of Maori but at the behest of the UN 2030 agendaVeronica
And we need to re allow access to the Privy council, an outside backstop to prevent this from happening again.Evan
If not, it’s all downhill from here.Neil
Yes it is appalling what is happening – injusticeShirley
They are attempting to carry on the woke ideas promoted by the Jacinda Government.David
Parliament sovereignty and the rule of law is paramountbob
Ban themMichael
Bring back the privy councilRichard
Absolutely! Some of the judgements being made by judges are completely unacceptable. There should be consequences when they go AWOL!Judith
This has to be done now. Things won’t change back to the the way it was if the law makers don’t do there partRoy
What can the man in the street do to ensure that this takes place? Our Govt is not listening!william
Judicial activism is one of the severe dangers facing New ZealandPeter
We’ve got the wrong people in all sorts of important positions, who are deliberately ruining the fabric of New Zealands democracy.Trevor
overdue, for a long time nowGiles
Supreme Court Judges should be reminded that NZ is a Democracy .Any Judge who makes a decision based on race should be expelled from office immediately.Steve
These unelected actiovist judges must be reined in and shown that they are not makers of law. That is the role of parliamentMark
Sooner the betterMalcolm
The intent of Parliament should be paramount … not the arguements of lawyers seeking loopholes.Robbie
When climate change is a hoax and just another form of taxation. Absolutely it’s needs to be stopped. These ex lawyers/Judges need to be stopped. They should be following parliamentary law. After Parliament decides the climate policies and not Mr SmithAnita
Most certainly What is the intention of the legislatorsGary
I always believed Judges to be impartial only acting on evidence & courts. This is outrageous!Peter
Parliament set the laws. Judges should ensure the laws are maintained.Dennis
We the public would like balanced views on all things not one sided activists dictating everything.Coral
Disturbing developments which if not stopped will have lasting impact on us allCath
Number one priority of new government.John
right here, right now pleaseErin
Most necessary.David
It is doubtful if these polls have any validity, as they surely are the result of preaching to the convertedGeoffrey
Further continuing wastage of time and funds to a deliberate misinterpretation of legislation for the minorityKaren
Should have term limitsWayne
And our PM, who got into power by telling us all he was going to fix this has done NOTHING. Ask him a simple question and the reply is a long winded speech. They need to fix this very quickly or the remainder of their 3 years will be a prelude to a left wing takeover.Andrew
This must happen with urgency or else the general public will be held to ransomBryan
The judiciary should never be the law makers as then we will no longer be a democracy.Angelica
Definitely . I think we should go back to a Privy Council authority that moves the Law Making to Non New Zealanders to remove local vested interest JudgesNoel
Under no circumstances can the Judiciary be allowed or enabled to interpret the law. They just urgently get reined in and summarily orevehtedcr4om ANY further manipulation of what they think the should be. Urgently!Richard
This is urgent.Ronmac
No further argument is required than their support of nutter Mike Smith.Mark
Maori tikanga is lore – it is not law. The only real commonality ls in the pronunciation of those two words.Gary
They think they have the right to interpret the law according to their own views. If they cannot do their very well paid job, sack them and go back to using the Privy CouncilBruce
Should not have been appointed to that position in the first place!Chris
Sorting out these so-called judges is imperative for the sake of a democratic New Zealand. As soon as humanly possible.Gordon
Well and truly out of control, and the issue must be tackled as soon as possible.Donald
Yes, with urgency.Allan
Parliament needs to address this urgently. The agenda of the Supreme Court is appalling and the sovereignty of Parliament should be reconfirmed without delay.Mary
Cabinet should have the power to terminate a judges appointmentbruce
We are surely following the USA in the “weaponisation” of our legal systems when the NZ Supreme Court is leading the way passing judgement on what are political issues that rightly belong in the New Zealand Government’s purview alone. The National/ ACT and NZ First Coalition need to act NOW before we descend into the morass (caused by the breakdown of The Separation of Powers) that is now consuming America.Phil
I have read Joe Williams resume appointed to the court in 2019, ex head of the Waitangi Tribunal. In it he clearly states his intention to join Tikanga Law to the law of NZ. As a retired 39 year front line Police Officer I worked under the laws of NZ which has a solid foundation, not mythical well previously written and recorded. It is taken as we all know from Judean Christian law. Now the highest court in our land wants to take this back 184 years to Maori mythology. As we know hearsay evidence is not permitted in the law courts of NZ. That is what Tikanga is. What has been passed down through the generations since 1840. Nothing written verbal. Prior to the hearings on the Wairoa beach case there were discussions over what Maori had to prove. That was continual use since 1840. At the end of the case the judge decided they did not have to prove it. They only had to believe it. This has created a legal precedence for all the other beach claims. Giving Maori immense power through the judicial system to make even more outlandish claims. This Government must put a stop to this immediately and put the coast line back in public ownership, Where believe it or not, Helen Clarke had it. Come on Christopher Luxon, Winston Peters and David Seymour. The Government makes the law. The courts interpret it. So make the law clear on who owns the coast line. All NZs. Surely stopping this two sovereignty juggernaut the Labour party were desperate to get through, was the main reason they got tossed out. Now you have High Court that wants to continue it and divide the Nation. Stop it now!!! If you don’t act now you will be taking NZ right back to the Pagan beliefs that ruled this land prior to colonization. Giving immense power for all sorts of claims using the same argument. I speak from a mixed Maori Pakeha family and spent the first 19 years of my life in a mainly in a mainly Maori environment. These issues are dividing this Nation, It must be stopped. There is one sovereignty in this Nation. Set it in law make it very clear.Dene
Removed, never to practice again, along with losing their intitlements.Sven
Judge Glazebrook among others needs to resign her position on the Supreme Court. Or be removed on the recommendation of the Governor General.Rod
they are just a bunch of little dictators and so stupid to believe all the gibberish that the horries put forward is sending this country to the dogs and key allowed it to happen and unfortunately luxton hasn’t the balls to squash this and other crap the horries bring up for good .Richard
Absolutely !Craig
Jack Hodder is correct!Rowena
As soon as possible to avoid serious conflictBruce
All judges should come to the same conclusion if they are following the same rules. They should be elected anyway. Then they can be got rid of if they don’t perform.steven
The judiciary as well as the media are left leaners who see themselves as infallibleivan
Too laxPatrick
Stop it now while we still can, come on Mr Peters do your job .ThanksGilbert
fire those idiot ‘activists’Patrick
And so it goes on, minority rules againDominic
Judges should not be activist’s, listen to the people. 1 people, 1 rule for all.John
pull them back into line.iain
These judges are supposed to interpret and advise on the law of New Zealand, not impose their political beliefs or views to the unacceptable gains of a political minority that is extremist and radical.Trevor
Do it before it is too late !!Michael
They should be removed. They are not impartial judges upholding the law and parliamentAnon
Absolutely! It’s already gone too far.Robyn
hell yesnorm
hell yes,as a 5th generation kiwi,hard to believe what is happening! Where is our nz courage Lots of my relations died defending these principals ! Where is your guts ? norm
Very definitely. They have far too much power.Lee
Defiantly or we will turn into the US Court system where anything go’s and you make legistration on the fly to fit the crime.Tony
If Parliament is no longer able to assert its will ()by mandate of the people) then we no longer live in a Parliamentary Democracy.Brian
Judges never had the right to make laws, only parliament does.Rex
Elected parliamentarians are the supreme authority subject only to voters via elections. If they get to far out of step they don’t get elected again,Terry
It is supposedly the role of our Courts to apply the laws as determined by Parliament. This role seems to have changed toward a role where decisions are made based on racial heritage. I am very uncomfortable with this direction which is nothing short of the Judges creating laws to suit their own political agenda.John
Yes, but how to do it?Peter
When will the govt start!Marianne
Needs to happen ASAPPeter
It was a mistake to remove our access to the privy council for this very reasonDave
Too left wing. Not neutralTed
After seeing some of the judgements that have been handed down from the Supreme Court justices, makes me wonder if they actually have a law degree.Hugh
They should be impartial and focus on the democratic priocess.Sally
This problem with our judicial system is now world wide and has been obvious for some time. Our judicial system will continue to be hostile to the masses and we are seeing it being manipulated for the select few but ignored for the masses. It appears that there is an outside influence working to change our judicial system in order to change it to a more totalitarian regime based on fear and not fairness.fred
Definitely. Parliament must address this overreach urgently.Trevor
We should return to the Privy CouncilMiles
The basic problem as I see it, is that a generation of Academics (including the Judiciary) as well as other spheres of authorities (legislators, educators, etc.) have been completely captivated by “Post-modern philosophy” (q,v.) : If you “feel” something is right and moral – it “is” right. Our coalition government must consciously recognise this – and rectify it with effective legislation. Too right, our Judiciary needs “reining in”!!! And only Parliament can do it.Andy
it has to stop before control is lost if it hasnt been alreadyTerry
the judicial system of New Zealand is no longer relevant or reliable. I am sick and tired of the Maori and their whining and greed. The biggest problem facing New Zealand today are the likes of Mr Finlayson and his ilk, the judiciary needs to be put back in it’s place, and remember who pays their wages. Their one sided judgments are wrecking this country, and giving the country away to a minority people who seem to have become top priority to the country on our dollar.Merryl
Most definitelyClare
Most definitely! — otherwise we are in danger of becoming a “banana colony”Ted
Yes, definitely and without any delays to prevent the situation worsening to the point of no return. This is disgraceful behaviour from the judiiciary whom we have been encouraged to trust and to make the wisest decisions for us all.Marga
When we removed the Privy Council as the final court of appeal as was suggested at the time, we should have used the Australian High Court. With our small number of qualify judges it is difficult to prevent a contamination of ideas.Peter
Parliament makes the laws & not judges.Derek
What is New Zealand coming to. Please rein in the Judges who think they are above the law.William Clive
Jailed if needs be.Kevin
The SC is acting like a tyrranical challenge to democracy, & orchestrating a coup to achieve its diabolical aspirations. It needs to be disestablished & replaced by Privy Council. The longer it lasts the worse things will get.Murray
There needs to be minimum sentences set which Judges will adhere to. Retirement age is an open book, set a retirement age as they quickly pass their use by dateKen
Are we heading down the same road as the U.S.A judicial system. With political appointments ensuring justice for the LEFT, but none for the RIGHT. Another major problem we have, is the A.G.W climate scam has been accepted by most of the companies that Maori Boy Smith, is now challenging. How can they possibly defend themselves, when they support the views of the accuser? Smith could not even operate a chain-saw properly, when he tried to cut down the one tree on one-tree hill. I get the feeling that there is a brighter brain than his driving this court case.A.G.R.
If they are not reined in I can think of more expedient and effective methods of constraint!!mark
Absolutely. They are clearly in breach of the Letter of the Law, and boldly interpreting the Law according to their activist beliefs. Shame on them.Caren
What a mess New Zealand has become. Wasn’t anyone paying attention?Laurie
They are betraying the legal profession when they become activists.Kerry
Tikanga has no place in our legal system. End of story.Alastair
Parliament must have the final say if judges misinterpret the law as passed by parliament.Ron
Every day kiwi voices are not being heard. Various courts are just a laugh.Jacqui
Any matters before the Supreme Court that require clarification should be sent to Parliament for discussion prior to a decision being made by the Court.Mark
The Dept. of INjustice is complicit in this mess where judges let criminals off without conviction, themselves committing crimes. ENOUGHmike
Activist judges aren’t judges as they are biased. They should be cancelledMike
Absolutely. Our Universities are producing little good. Laws should leave little room for “interpretation” as interpretation often leads to misunderstanding and instability. The problem routes “back” to incompetant drafting of laws, and or the failure of Parliamentarians to actually read and understand what they vote on. New Zealands basic problem points to failed education system and the election of MPs who are not fit for purpose !charles
Or we are doomed!Iain
Judges do not alway reflect the views of society and cannot be removed when society oppose their views as political parties can be voted out when society disagrees with a stand or law they introduce.Barbara
Tikanga is incompatible with NZ Law. It is not written. It is not knowable in advance of any situation to which it may be applied. Sack the Supreme Court judges.Donald
We need our judicial system to be non-partisan. We do not need Judicial activism in our courts.Vern
This type of judgment continues to undermine the balance expected of the judiciary, and adds to the widening gap of equality between the races of New Zealand. Note that I do not use the term Aotearoa, as that is an artifice created by a white colonist, and was never a Maori title for the country.Dougal
It is NOT up to Activists Judges in the Highest Court to pass final Judgement!!Dominique
Sack them all and start frshIan
i do not want NZ to become an apartheid country.Joan
Not only that they should be charged with treason and the appropriate action takenchris
Who cares, the juduciary are so piss weak they have no real power to do anything anywayGraham
That is for Government only.Alan
All this BS is getting out of hand!! Time it was fixedWayne
Time is of the essence.John
Hell yes and the sooner the better!Robin
yes & faststan
Time to stop the rot.Rob
All Judges should hsve to state which political parties they have voted for in last three general elections before they are appointed so we know their political allegiance. In addition they must be barred from voting in general elections whilst they serve on the bench to ensure their neutrality.Grant
Why cannot our Parliament pass a law to have the Privy Council reinstalled as New Zealand’s highest court in the land? And Supreme Court judges’ appointments – why cannot the process be transparent for the People BEFORE they are put in place?Paul
to take over the rule of law must be seen as the formation of a dictatorship by the people of NZMargaret
I have maintained for many years that our judiciary has been corrupted and it is just getting worse – we are heading for anarchy.Rob
speaks for itselfchris
Parliament must rule !! Urgently. Activist Judges must be reigned in too.Peter
They should all be removed now and the legislative controls reinforced by amendments.Terry
Of course we could just hang them. Hanging used to work well in the old days and despite being old technology we still make rope. Perhaps the judges should be reminded of this?Mike
Yes. Not just activist judges, but all judges as most of them dont even know how to sentence criminals for the horrendous that are being committed in New Zealand on a daily basis.Des
Time the judiciary pulled its head inGraham
Also point out that Privy Council in UK didn’t protect us in the case of TV and Radio stations were guaranteed somehow under TOW. Lawyers are high IQ [?] but frequently drongoes; especially in the above casePeter
Judges are there to interpret the laws passed by Parliament not make laws themselves Look at the justices background and there is your answerGeoff
Judges and courts have the responsibility to apply the laws passed by govt, elected by citizens. Do their job!Rose
Bring back the privy council.Mark
Sanctamonious,self agrandising,wankersSidney
Absolutely yes ! The new coalition govt need to take steps immediately to deal with this challenge to NZ democracy and the true rule of law. Where on earth are we going to end up if the PM and his partners fail to take immediate action. Is every one woke in this country and world now?Graeme
The coalition Government must move with haste to reinforce the Senior Courts Act 2016 including definition of the “Rule of Law”. Activist judges should be summarily removed from the bench.Chris
otherwise cannibalism may returnrobert
The judiciary believe that they above the l aw, as written in the legislation of parliament. Take the MACA cases and the judgements hznded down.Peter
Most definitely. Helen Clark did NZ a grave disservice by taking NZ away from the privy council thus denying Kiwis un bias judicial decision of their case.Gwenda
what about the Judge who let off a guy after he had been arrested and charged recently In Taupo because the Judge said it would affect his MANA if he was convicted?Linda
They need to stay in their lane. to many leftiesSteve
Absolutely !!! I thought our system was based on UK common law but it appears it is not so. Lets rid ourselves of ALL radicals whether legally or simply by their removal from office or whatever. What a divided and radical country we have become — with legal and historical facts being twisted to suite and any facts that destroy any agendas simply being ignored or destroyed by bullshit arguments.Alan
Everything about this whole Maori take over is extremely worrying.Paul
Absolutely agreeMaree
The only involvement of the leglislative arm of government with the judicial arm should be in the form of the existing input that the Attourney General has in the selection of judges, and in the act of framing of the laws – if laws are correctly framed there should be little room for judicial mis-interpretation. Apart from thiese two factors here must be clear separation of the leglislative and judicial arms. Whilst I would like to see the current Minister of Justice kicking some arse, I did not enjoy watching the previous government leading the courts into the direction that they are currently following. Changing the law to enable govt to further influence the courts now is simply opening the door for the next Ardern-type govt to further corrupt judicial processes.Bryan
They should be removed from their position if they do not comply.Gary
absolutely, they are paid to uphold the law of the land, not their own beliefs !mike
Most definitely. Funny how John Key’s name crops up from time to time, often when there is some controversy involving Maori and their rights. The indigenous right, foreshore/seabed etc.Chris
urgent action by parliament needed to provide the courts with the necessary guidance and stop judges making up their own laws and setting precedence that are not what govt intended.John
I most certainly do.Mike
Very quickly. They have no right to create laws, parliament does that.Jeremy
a must, absolutely.Geoff
These judges are carried away by their own sense of importance and power. Yes the Coalition needs to think about this not just the economy and act.Rosemary
Yes definitely, they need to be impartial, and their decisions fair and considered. Kim
Absolutely without question. This is happening all over the western countries, exactly the very same thing. Our judges work for the World Economic Forum and the European Union, not for we the people. They have been paid buku bucks to tow the line or they loose their job, status and their familiers threatened if they do not comply to this evil world wide agenda. I sure hope the sheep in this country are rising up as lions and we will not take this injustice any longerSky
Yes, yes, yesDavid
Absolutely and immediately!!!!Joe
Is the New Zealand Supreme Court heading in the same direction as the Supreme Court in the USA. That is sovereign and above the rule of law.Gil
The Court System and Judiciary are the enforcement section of our Governance that applies the Parliament made rules of law over the people governed for the good of the People. This branch whilst held in high status due to their required integrity are not makers of new rules and any process to do so totally undermines years of upheld integrity. In the name of the People it must be stopped. It must be asked of any Member who advocates a separatist view, if in fact they are fit to serve where blind justice must prevail. these appointments are by the Executive of government not by the people. By what mechanism to the Citizenry have to recall and disestablish persons who by their actions demonstrate they are not impartial or fit to serve. Or should we see Appointments for a limited fixed termRichard
We are becoming a banana republic – with the judiciary as a weapon acting against a democratically elected government.henry
They do not make the law, just supposed to uphold it.Hugh
most definitely yesjohn
It looks like our judges have discarded the blindfold of justiceDave
Activist judges are making up their own laws above parliament. This is treason. Radical maori have these judges under their control. Govt. MUST ACT NOW.Allan
Totally! most shouldn’t even be in a courtroom unless standing in the dock on trial, totally pathetic excuses for our court systemLaurie
100% YES.Their decisions are at the making of a “Master Plan” that the Labour party and Maori Activists have planned over a couple of decades. Universities and other hives of woke-ism are thriving on. They are excellent example of that truism “Loads of brains but completely lacking in COMMON SENSE. GOD DEFEND NEW ZEALAND ……PLEASE!Bruce
The sooner this whole activist judges decision making is stopped by Govt action the betterleo
The Courts have no place to be creating new or revised legal principles.Geoff
big problems with maori againgraeme
Absolutely, without doubt! They should be protecting the injured party. The accused needs to be held to account and not hit with a wet bus ticket!!!Robyn
Obviously the current mentality of judges is definitely becoming a huge concern ,also their ridiculous offender based lack of a suitable punishment is actually disgusting failure to ensure SOME punishment is applicable . The case of the 70 year old lady who was bashed by a 20 year old thug ,was not penalized at all and included his Name suppression . Would anyone like to make a wager with me this coward will continue with his low life ,until he actually succeeds in getting a reasonable punishment for his crimes ,and we wonder why so many murders seem to be occurring. Perhaps if the judiciary suffered a few family crimes against them ,they may wake up and o their bloody job .I cant even blame Adern, seems a huge woke mentality is becoming the norm Heaven forbid .Ray
And quicklyJohn
They have gone tooo farWarren
Must be reined in!Ann
Parliament is the only voice of the people of New Zealand, our ONLY voice.. it trumps all others.Helen
It consistently amazes me how often and in how many areas New Zealand fails to specify details when it comes to operating standards. Recent examples in the legal arena are no exception and expose the real and poteneial problems which arise when Parliament does not enact specific statutes which govern various areas of New Zealand life.John
The sooner the betterAnn
Not only reined in, they need to be completely removed from the NZ Legal system.Tony
Across the spectrum, these judges have become all too powerful and need to be checked.Norman
There has to be a Rule of Law present throughout our whole Nation and that includes the highest Court in the Land to where all Laws are adjudicated. Why have these Supreme Court Judges become obtuse in their Direction. Is it because they’ve become corrupted by a Globalist Ideology and feel that abandoning their Sacred Oath is the right Path. This does put them on the wrong side of History and they in turn will be ‘Judged’ for this.Geoff
There are no full blooded Maori in New Zealand now. Mr Smith has no more rights than any one else. All people born in NZ are indigenous, not just Maori.Donald
100 % otherwise a totally loss of decency and fairness to all citizens of New ZealandRuss
No, they should be permanently removed as they do not uphold the laws properly.Scott
The government needs to amend and clearly define their role in the Act, before it is too late.Robert
Only parliament should make the lawGavin
MACAA I believe will have a profound effect on all New Zealand going forward unless dealt with soonPeter
They should be taken to taskDennis
Definitely. The Supreme Court is not there to make laws, just to abide by Parliament’s laws like everybody else in the country. Judges seem to be “doing their own thing” and that’s not on.Sheila
Absolutely. The sooner the better.Kevin
This new government needs to set its priorities, quickly!TOBY
Unbelievable belligerence.. These judges need to held to account.DAVID
This must attended to immediately and all Iwi claims not heard by 2025 should be cancelled. Helen Clark said 2010 was the cut off date – now it is 2024 – still more bogus claims to be passed by activist judges.Rowena
Most definitely. For Kiwis to begin having faith in our judicial system again, most definitely and the sooner the better.Gwenda
Sack them alltom
Sack themEvans
The Role of a judge is to enforce the law not to rewrite the law in order to apply personal prejudice.Roger
If our new Govt. was able to ‘read the room’ they would see how necessary this is.robin
YES, YES, YES – MOST definitely YES – and immediately. Brian
sack the lot of them!! our judicial system is rotten to the core with corruption! Parents can’t even chose unvaccinated blood for their baby’s heart operation (baby Will’s case) without the state interfering! there is no justice or democracy in NZ!!lisa
It seems that instead of applying the law, and making judicial decisions based on their legal knowledge these particular judges are applying their biased opinionsAllan
This needs to be addressed and fought for.Peter
The law is there to maintain a civil society not to promote and skew the law in favour of any particular agenda. Judges are expected to apply the letter of the law which can only be changed through the democratic parliamentary process.David
Hope Luxon hasn’t gone even more wimpy..this certainly needs addressing.Ross
The Courts are underining Parliament itself. The politicians need to grow some testicles.JD
Definitely rein in the judges. For an understanding of the rule of law, I commend readers’ attention to a Gary Judd KC article written for Bassett, Brash & Hide, July 25, 2023. https://www.bassettbrashandhide.com/post/gary-judd-kc-tikanga-is-not-law.Donald
Ramifications of the justices and courts changing the interpretations in a way which must belong to parliament must stop. The consectquences of not doing this are too dire to ignore. – the sooner the better.Bill
YES, it’s time to STOP all this Maori IWI ( I WANT IT TRIBE ) land grab crap to stop and this new Government should jump on this and the sooner rather than later, we the public voted for all this shit to stop so PLEASE get on to it, because if they get there way in this matter then all hell will break lose up and down the hole country. No one will be going fishing, swimming, or anything unless you are one of them, that’s not what we voted for.COLIN
There have been decisions made in recent times which have left the public wondering how a judgement was derived at. While it is fair to say that while the general public may not be privy to the all the evidence, it has certainly raised questions as to our judicial system. So, to answer your question, yes there should be a review to clarify exactly what the role of the Supreme Court entails.chris
Clearly they need to be reined in or they will become the unelected permanent rulers of our land or DICTATORSCookie
Absolutely!! Catering to Maori with soft penalties id NOT EQUALITY!!Tony
We have a system that should not be overridden by anyone. If the system needs changing there is a process for that as well. Our taxes get wasted on these interventions.Barbara
They like us should bay the law not make it!James
It is incredible that they are overriding the crown.. Yes, they do need reining inRex
Yes, of course or we will eventually become a banana republic!Ray
It is absolutely necessary.Murray
ASAP !!Geoffrey
It is Parliament’s sovereign right to make the laws & set the tone of new laws not “activist” court judges who are not elected. QEDD on
5 seconds to midnight. Juggernaut Judith needs to fire up and deal to this flaunted attackKevin
Judges are not above the law and need to be reminded if thisTeresa
It’s parallel is the original Maori version of the Treaty of Waitangi was created using the Maori dictionary of the time. (incidentally created at the time as there was no Maori written language) Activists have re-written created the modern Maori dictionary and THEN claim the Maori version of the Treaty should now be their version as translated by the NEW Maori dictionary. Hence the “partnership” element.Rita
they are NOT the law makers -their job is to administer it not twist it around to suit their own IDEOLOGYLesW
Parliament ‘s supremacy will be undermined if this is not done.mary
Urgent action is required.gilbert
What will they do when the USA pulls out of the Paris Accords and attacks the climate fraud?John
The sooner the new Government deals with this issue the better. The amount of money the taxpayer is funding for all the cases pended, should be stopped and funds redirected for the betterment of all New ZealandersPauline
All been captured by Maori ideology – appallingKevin
We, the people, democratically elect the members of parliament. This parliament has the responsibility to enact laws that represent and protect our society’s collective interests and wishes. If parliament’s members fail in this duty, they get the boot at the next general election. Judges, no matter how “high” their ranking, have the sole function of ensuring these laws, both stated and intended, are followed to the letter whenever they are called upon to deliberate on a matter. They have no authority to deviate from the fact or intention of any law. If they do, parliament must sack them, after revoking their inappropriate ruling and remedying the consequences of their over-reach or activism. Parliament is “boss” – judges are functionaries.Rodger
The activism of the High Court is totally unacceptable and MUST cease.Hylton
Absolutely rein them in. If they choose to give some of the worst offenders home detention and ankle bracelets, then they stay at the judges houseClaire
NZ has to come up with a simple written constitution stating the basic rights and obligations of all it’s people on an equal basis. This won’t happen as there are too many vested interests and not enough strength in our leaders to do this. Like our crumbling infrastructure, it will all collapse. So sad .Leonard
ABSOLUTELY YES! These judges are paid with taxpayer funds and this is a classic example of wasting court time and taxpayer dollars to perpetuate and enhance their own roles, and pockets.. The government of NZ needs to quash this behaviour immediately before the cancer spreads.Glenn
The ‘evidence’ (!) is against them !!michael
Parliament must remain the supreme authority to make law in New ZealandMichael
The sooner the better !!John
Absolutely, a piece in the Herald “Evidence Act should have exceptions for tauranga Maori and tikanga” covered a list of recommendations that have been presented to Parliament by the Law Commission – and they are serious! It must be dealt with and fast.Doug
Activism has been apparent for several years now, time to do something about that.Graham
The sooner the betterJanette
NZ has had enough of left leaning judges setting the agenda for NZers It is their judge to serve Justic and administrate the law !!graham
WE will rapidly disintegrate into a tikanga based legal system with no precedent and parliament will be undermined.john
Without a doubt. Judges are assuming powers above their stations and it must stop. Legislation is urgently needed.terry
Tail wagging the dog. Must stop.Tim
It seems very undemocratic & a danger to democracy that whilst we the voting public can oust political parties that do not represent our view & values or actively lie about their true intentions, however we do not have the same ability with Judges who are appointed for life. It is particularly important that public can hold judges to task & if necessary have them removed from the judicial process, given the Supreme court for NZ is no longer fully independent & is drawn from the same pool judges they will reviewing & passing judgement on their decisions so how can they be impartial ? One could suggest this is a clear conflict of interest!John
Parliament should clarify these issues for the benefit of THE PEOPLE.Doug
Sack the current judges and make them accountableSteve
If they want to MAKE the laws, then they should run for Parliament! Come on the Coalition Government, – get onto it and fix up the coastal laws to stop this nonsense for all New Zealanders and our descendants!!Tim
Their activities verify Dickens’s character Bumble in stating “The Law is an ass”Bryan
Unsatisfactory as parliament is, we can (for the time being) vote mad dogs out. Not so with the mad judges.Mark
Nearly too late. Why is our judicial system not regulatory by itself ?Henk
a very small group are running NZ without debating their actions outside their cohort or in any inclusive way. Not democratic. WRONG!David
Shows the error of leaving the privy Council. I am in favour of NZ becoming a Republic but I fear similar abuses should we ditch the British crown.John
Absolutely and the sooner the betterPeter
Scary but lets go back to the Privy councilPeter
Absolutely. If they want to create law, they should run for office.Jan
Absolutely. This country is not the same now as when I came here 60 years agoGareth
laws are made by parliament if the judges do not want to follow the legislation of parliament the either come back into line or be sacked. Our government needs to fix these loop holes urgently the people will not tolerate this rubbish much longer, they need to do what they where voted in for which was to get rid of all this crap once & for all.NIGEL
Absolutely. Disgraceful what is happening now.Graham
Most definitely although I think that judicial activism was the Helen Clark’s intention when they rammed through the law without proper consultation and due process getting rid of the Privy Council in the first place.. Without an independent oversight all that needed to be done was load the Supreme Court with activist Judges which has been done and we are seeing the results now with their ridiculous judgements.Allan
Too many judges cannot make an real decision. that matches the crime.. Too many slaps with wet bus tickets.Carl
Now we hear that Auckland University has designated a space for the exclusive use of Maori and Pacifica students. So are the universities entitled to effectively write the law on race issues?David
There should not be any activist judges sitting on the bench! Who put them there?Barbara
Parliament sets the law, judges carry them outGordon
Parliament should prorogue any reference to Tikanga Maori Law, any reference and claim to the Treaty and its so called principals until Parliament has clarified that Tikanga has any part in NZ Law – answer: it does not, and that the principals are clarified – hint if any – there are only three and they are the articles of the Treaty.Brenton
It is time we had a written constitution that is bound by the Supreme Court of NZRod
The concept of a judge being anything but impartial, let alone activist is unacceptable in the extreme.Geoffrey
The whole process is being hijacked.brian
They are rotten at the core and above the lawBrenda
The sooner the betterbill
They are to administer the laws made by parliament, not invent interpretations of their own.Bruce
NO, They need to be shown the road. Get the useless mongrels out of their gold perch and let them taste reality in the real world. What is happening to New Zealand? Why don’t people wake up before its too late? The real New Zealanders need a Golda Mier or a Maggie Thatcher to lead them to rallies in every town and city and carry the case to parliament and rectify all the damage done and get New Zealand back on the road to common sense and rationalism to stop this relentless fall into chaos.Don
Most definitelyColin
They should reflect the kaw not make the lawDerek
they need to also be removed.Rod
It would seem to me that if we can’t rely on our legal system to uphold the laws what will happen to New Zealand it’s almost lawless now It’s obvious why we are leaving in droves What are the government doing about it? Is there no one with the guts to actually do something about it if not why not !Peter
Judges are not above the law of the land and should themselves be accountable. Interpreting/manipulating the law to suit themselves cannot be tolerated and those indulging in this activity should be removed immediately.Martin
ASAP, before more damage is doneRoy
Judges are not there to implement societal changeNev
There is no place for Judges to be biased in any wayPeter
The original intent behind the claim to Seabed and foreshore I believe was to clarify the long standing question of harm. One rule for all.Philip
Seems to me these Judges are a bit frightened of the thugs they deal with so end up siding with the thugs rather than the victims. NZ sadly is failing in everything before our eyes, I have 4 Grandchildren all in OZBarbara
Of course they should beKerin
Isnt there a code of ethics and they must be impartial.richard
Judges should be ‘applying the Law; not writing it’Bob
Find the corrupt ones … taking the BOUGHT AND PAID FOR MONIED BACKHANDERS, THEY ARE CORRUPT…!!!David
v It is time all judges were apprised of the fact that the New Zealand public is sick to death of their light sentencing. They must start at the maximum sentence for the crime and stop the bullshit discounts.pdm
Time for the present coalition Govt to act before the cat gets out of the bag. Too late when all the pigeons have been killed off. This is all typical divisive racial greed by savages to lazy to work constructivley for all of the nation. Lies and greed help nobody. To many seeking the limelight of respect though unbalanced intent of leadership. They better to care for their own murdered babies and drugged prison families.mike
Personal bias is very evident in their judgements.John
No question whatsoever. Activist judges extending the deeds of immature Ministers like Palmer and Finlayson have derailed the course of the train.Jim
This question is a no brainer for the answer must be yes. Academia and the judiciary have lost much credibility over the last decade or so.Roger
Absolutely. These arrogant activist judges are acting well beyond their mandate and looking to implement their personal ideology in effectively rewriting the law . NOT ON.Hugh
Most certainly otherwise the land is going to hell in a handbasketeric
absolutely if this new coalition government do nothing about this then they where a waste of time and nothing has changed,winston should be pmrodger
Absolutely the system is totally broken and corruptGreg
Think and act outside the square for all New Zealander’sMaurice
absolutely they need reining in 100Chris
Too many J have worked havoc on NZ’s democracyGill
The activist ‘judges’ should not be reined in – they should be IMMEDIATELY DISBARRED!DAVID
NZ is for ALL people to have equal status and the way things are going that is not the case.Sandra
Absolutely – the far left Supreme Court is completely out of line.Gerry
Absolutely they should.. when the Supreme Court has an “agena” as is clearly the case here it’s credibility is no more!Rob
Absolutely over biased media reporting. I don’t watch the news anymore and know plenty who don’t also. It makes me so angry.Heather
Bribery and corruption are on the go here. Who has purchased the Supreme Court Judges, huh?!!!Neil
How far down the Rabbit hole does our Legal System go to please these activists Judges.Our Freedoms have been eroded @ speed to satisfy the left leaning establishments .Michael Andrew
Wasting tax payer money.Mark
Reined in? Hanged more like.David
Most definitely. As it is currently, the judges are taking over the country and assisting to revert to tribalism.Michele
Thankfully there are a few less lawyers in parliament this term to keep featherbedding their profession. Time for some productivity in government.Greg
More Maori Activist creating ProblemsIan
The undermining of our social structures rolls on – supported by useful delusionalists who will destroy even their own comfortable existences. Gramsci set the scene and the cretins are playing it out without even realising it.Ross
No doubt anout itBeverley
Sack the lot of themDavid
These lunatic, woke judges need to be thrown out, they are usurping parliamentary authority and democracy in favor of racist greed based agendas.Andrew
This country dose not want to be 1st world, it is happy to be a 3rd world stone age country because we are lazy, ignorant and a privileged small narrow minded people.Russell
I am heartily sick of Court judges becoming law unto themselves. It could be argued that the latest rounds by the Supreme Court were carrying out the will of parliament being the most mischievious Labour government ever. However it is not the will of the people and National needs to Act swiftly. They are in power because of the peoples wish to have no co-governance nor aggregious awards to Maori.Mike
Absolutely – never trust a lawyer let alone an x-lawyerMike
Oh Hell yeah! I’ve been saying this ever since the NZ Maori Council Case of 1987 was decided by five judicial activists on the Court of Appeal, who combined a lamentable ignorance of NZ history with a willingness to ignore the Constitutional convention that they were appointed to apply the law, not make it. The point of entry for all the partnership and co-governance horse wallop.Peter
Too many of them are giving the wrong sentence….. TO THE VICTIM…??? What about the stiff sentence for the PERPETRATOR !!!!David
This is a trend which is so apparent in U.S.A. It is simple corruption and must be resisted at all costs .The problem there is that the corruption goes right to the top, and corrupt judges are appointed deliberately to suit the ideology of the ruling party.Harvey
ABSOLUTELY. They MUST enforce the law as written, not introduce judgements based on what THEY THINK the law SHOULD be, eg coastline claims.Phil
Parliament has been established through a vote by the people. They have been given the authority to ensure that the legal rights of all New Zealanders are provided as one package. Judges do not have that authority. Rather they are there to ensure that the law is applied consistently and where there are inconsistencies apply to Government for revisions. Judges do not create the law.Raymond
Without either doubt or delay given the material outlined in your article by well respected individuals pointing out the issues. I fully support Parliament taking all necessary action to rein in, curtail the actrivisim we are now seeing.Peter
They are woke leftists wo have been encouraged by the previous socialist govtJohn
A complete waste of time and moneyRAY
In fact we need to abolish the court and return to the Privy Council!!Gail
Judges today are letting people who break the law off and are to lenient on the offender and forget about the victims of their crimes.Wayne
Reined in is not enough. They need to be kicked out and replaced entirely with proper judges working to promote and practice unbiased justice– not some perceived and opinionated ‘law’ like these pseudo judges we are having to suffer at the moment. That lot is just another part of the numerous ‘landmines ‘ which were sown out by that neo marxist gang Labour/Green / Maori Party . Our current Government has to be as radical and persistent as that lot to get anywhere. Time is precious and a week is a long time in politics.Michael
Most definitely and urgently before we lose our coastline to one racial group. It is shocking and very worrying that the current Government don’t seem to have this problem at the top of their agenda.Helen
Supreme Court decisions should be reviewed by parliament, or a parliamentary body, to ensure they comply with the law and do not overstep the court’s remit. If found wanting, the decision should be reversed and judges subjected to assessment for their fitness to hold these important positions.Derek
They think they are greater than Parliament and their sentencing is woeful in the extremeCarolyn
Parliament make laws judges enforce them. This means elected officials make the law and are accountable to the people who elected themElaine
Definitely – and asapLenice
Justice in balance is being underrmined by blatantly unfriendly to victim judegmentstony
Absolutely they doGeoff
wonder how many of them received ‘UNDER THE DESK BACKHANDER’ hush money during the covid fraud pandemic scam, during the labour TYRANNY???David
And quickly…like I mean real fast.!David
Of course they do. But will they? Have you considered that this is all by design and driven by our government?neil
The rule of law should be universal, not favouring any group or individual. Parliament makes the laws, judiciary is to uphold them.Kaye
The Crown needs to control all the sea bed and foreshore issues. The Key government got it wrong.Norm
Absolutely! Activist judges are dangerous. They think they know better than anyone else what’s right for the country, but they have no democratic accountability and act like dictators.David
The Government has a duty to fix this problem before these activists totally undermine the Rule of Law and Parliament itself. This is urgent.Murray
What judges have done to MACA is disgraceful. And the fact that no-one is rushing to fix the law is even more worrying. Another group of claims were decided in favour of claimants the other day. If we are not careful, the whole will be gone before the politicians get around to doing anything. It is not good enough!Paul
Activist judges are a scourge on democracy. They certainly need to be brought into line.Hazel
This is a matter that must be addressed by Parliament. What is happening is the Maori takeover of our justice system. They MUST be stopped!Brian